MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks grant of regular bail in case FIR No.30, dated 21.2.2006, registered under Sections 307/452/427/323/148/149 of the IPC, and Sections 25/27/54/59 of the Arms Act, at Police Station Chheharta, Amritsar. THE petitioner allegedly accompanied his father and the bailiff for execution of warrants of possession, pursuant to a decree, passed by the Rent Controller, Amritsar. An altercation ensued between the petitioner, the persons accompanied him, and his tenant. THE petitioner claims to have fired a gut shot in the air in self defence, which resulted in pellet injuries to by-standers, and a grievous injury to Paramjit Singh. Counsel for the petitioner contends that all co-accused have been released on bail. THE injury, suffered by Paramjit Singh, has healed and Paramjit Singh is hale and hearty. It is further contended that investigation is complete, challan has been presented and charges have been framed.

(2.) COUNSEL for the respondent, on the other hand, contends that the petitioner fired a gun shot in a busy market and, therefore, he should not be released on bail. I have heard learned counsel for the parties and perused the record. It is not denied that the petitioner's co-accused have all been released on bail, either by the trial Court or by this Court. The alleged injury, inflicted by the petitioner, has not caused any serious damage. The injured Paramjit Singh is hale and hearty. As investigation is complete, and charges have been framed, no purpose would be served by incarcerating the petitioner any further. COUNSEL for the State of Punjab has not expressed any apprehension that if released on bail, the petitioner would tamper with the prosecution evidence or in any manner subvert the process of trial. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar. Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.